Andrew Willinger

Andrew Willinger

@andrewwillinger.bsky.social

Law Professor, Georgia State University https://ssrn.com/author=5400346

416 followers93 following39 posts

A lot to say about Judge VanDyke's most recent "dissental," but pushing the idea that Bruen is "easy" is especially bizarre in a knife-ban case given the volume and variety of knife restrictions in 19th century America...

With the news that the 5th Cir will hear en banc arguments in a 922(g) commerce clause case, this blog post may be of interest. In short, there are complex debates about the original intent of the CC and accepting D’s argument will have major impacts beyond guns. firearmslaw.duke.edu/2023/11/rahi...

firearmslaw.duke.eduRahimi and the Original Scope of the Commerce Clause | Duke Center for Firearms Law
Mark Joseph Stern@mjsdc.bsky.social

The 5th Circuit, sitting en banc, will decide whether Β§922(g)β€”the entire federal statute that prohibits violent offenders from possessing firearmsβ€”violates the Constitution's commerce clause. A vehicle to increase gun deaths while gutting congressional power. www.ca5.uscourts.gov/opinions/pub...

Andrew Willinger reposted

Okay, so now that I've finished all the opinions and thought about it more, here are some of my takeaways: 1) This opinion is a disaster. It changes a bunch of the Bruen methodology, sometimes in subtle ways, but all in ways that make it *much* more difficult for legislatures to regulate guns.

Jake Charles@jacobdcharles.bsky.social

Right off the bat Alito begins with anachronism. As @maureenebrady.com brilliantly showed in her recent SLR piece, the Court is projecting modern property categories backwards. www.stanfordlawreview.org/online/prope...

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Alito/Kagan are focused on marijuana, saying it's an easy case bc many Americans use marijuana occasionally with implicit permission from the fed gov’t – certainly true, but difficult to see how Bruen sanctions this evolution (was a marijuana & guns ban const'l in 1968 and later became unconst'l?)

Jackson/Sotomayor again object to the Bruen test itself, observing that what the Court does looks a lot like means-end scrutiny… I suspect we’ll see more debate about the validity and mechanics of Bruen in the yet-to-be-decided Wolford case, as agreement on the outcome muted some of that here

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Also it's a rarely charged provision, especially compared to the fed felon gun ban, and the Court says it isn't opining on that law or any other status-based gun bans. Many states have similar laws, but the historical test might be more permissive of state regulation given post-Founding developments

There’s language suggesting case-by-case dangerousness determinations might be needed across 922g – some courts have started to develop a test for determining if underlying felony convictions indicate dangerousness & I read Hemani as a sign that’s where SCOTUS majority may be headed in future cases

Gorsuch, writing for 7 justices, says historical laws targeting habitual drunkards didn’t function like this drug ban & were motivated by different concerns – a lot about Founding-Era drinking habits, not much about where these facts come from or how lower courts should find them in future cases

It’s a narrow ruling that doesn’t settle all/most applications of this specific provision: someone under the influence of drugs when they have a gun or using drugs so frequently it affects their daily life could still be prosecuted & fed law enforcement may focus more on obtaining this evidence

Andrew Willinger reposted

Andrew Willinger reposted

Andrew Willinger reposted

Andrew Willinger reposted

On the blog @espinsegall.bsky.social previews the next SCOTUS 2nd Amendment case, US v Hemani, which, he says, can be resolved by narrowly construing the relevant statute to avoid vagueness rather than applying the ridiculous history-and-tradition test its recent 2d Amendment cases have developed. πŸ‘‡

dorfonlaw.orgThe Court's Next Big Gun Case is not Really a Gun Case at AllOn March 2, the Court will hear oral argument in United States v. Hemani , which raises the question whether a federal statute prohibiting t...
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Finally, I suggest how the historical private-public distinction may be increasingly relevant in other areas of constitutional law and how evidence from the private sphere could help make originalism more inclusive by incorporating voices/perspectives of those excluded from public life

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I argue that dominant theories of originalism & traditionalism support consulting private historical evidence, and I trace how this issue has divided courts and become ever-more important in 2A law post-Bruen

The article shows that private groups in the Founding Era were highly influential & integrated w/ the American political system and their practices were not divorced from const’l protections – such that courts cannot ignore private evidence when applying Bruen and/or relying heavily on history

Andrew Willinger reposted

Andrew Willinger reposted

β€œWhile many state courts reflexively lockstep…the Kansas Court of Appeals took a different path in a recent gun case due to a lurking complexity unique to the right-to-arms context.” @andrewwillinger.bsky.social discusses the complexity of lockstepping post-Bruen.

statecourtreport.orgThe Complexity of Lockstepping Post-BruenA Kansas court recently refused to follow federal precedent in interpreting the state constitutional right to bear arms.

β€œMel Gibson is a friend of the president and that should be justification enough" - only underscores the need for Congress to resume funding an actual gun rights restoration program that's broadly available, rather than doing this ad hoc based on fame/connections www.nbcnews.com/politics/jus...

nbcnews.comDOJ official says she was fired after opposing the restoration of Mel Gibson's gun rightsGibson, a supporter of Trump, lost his right to purchase or own a handgun after a 2011 domestic violence misdemeanor conviction.

Trump issued an EO on 2/7 directing the AG to assess fed rules, policies, and positions for possible 2nd Amendment violations w/in 30 days - as I suggest here, that the deadline passed with no news shows how gun rights are taking a clear back seat to other priorities. abcnews.go.com/Politics/ag-...

abcnews.go.comDeadline quietly passes for AG to recommend killing gun control policiesAttorney General Pam Bondi is looking into whether Biden administration policies infringe on Americans' right to bear arms.

Andrew Willinger reposted

So incredibly thrilled that our article, π˜‰π˜ͺ𝘳𝘡𝘩𝘳π˜ͺ𝘨𝘩𝘡 𝘊π˜ͺ𝘡π˜ͺ𝘻𝘦𝘯𝘴𝘩π˜ͺ𝘱 𝘒𝘯π˜₯ 𝘡𝘩𝘦 π˜‹π˜Άπ˜―π˜―π˜ͺ𝘯𝘨 𝘚𝘀𝘩𝘰𝘰𝘭 𝘰𝘧 𝘜𝘯𝘰𝘳π˜ͺ𝘨π˜ͺ𝘯𝘒𝘭 π˜”π˜¦π˜’π˜―π˜ͺ𝘯𝘨𝘴, is forthcoming in the online companion of Cα΄Κ€Ι΄α΄‡ΚŸΚŸ Lα΄€α΄‘ RᴇᴠΙͺᴇᴑ! I think you all will thoroughly enjoy what @evanbernick.bsky.social, @paulgowder.bsky.social, and I have coming your way!

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